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2010 Supreme(Ker) 152

T.R.RAMACHANDRAN NAIR
Chirayinkeezhu A. Babu – Appellant
Versus
Delimitation Commission – Respondent


Advocates appeared:
For the Petitioner:T.P. Kelu Nambiar, Senior Advocate, K.V. Sohan, M.R. Rajesh, Advocates. For the Respondents:R1 to R3 & R5 to R8, Murali Purushothaman, SC, K.S.E. Commn., R9, T.P.M. Ibrahim Khan, Asst.S.G., Siraj Karoly, C.G.C, R4, S.P. Aravindakshan Pillay, N. Santha, S.A. Anand, Peter Jose Christo, R11, G. Ram Mohan, Shinod, G.P., V. Manu, Advocates.

Judgment :

The important question that is raised in this writ petition is with regard to the power of the Delimitation Commission of India to issue a corrigendum notification, after the publication of the order delimiting the Constituencies under Section 10(1) of the Delimitation Act (for short ‘the Act’). It is also contended that the Statute does not confer any such power and the only provision is the one conferring power under Section 11 of the Act on the Election Commission to correct any printing mistake in any order made under Section 9 or any error arising therein by way of inadvertent slip or omission.

2. The bare facts for the disposal of the writ petition are the following: The petitioner is a permanent resident and voter in Chirayinkeezhu Assesmbly Constituency and is a lawyer. Prior to the delimitation of the Constituencies, Chirayinkeezhu Panchayat was part of Attingal Assembly Constituency.

3. After the formation of the Delimitation Commission in terms of the Delimitation Act, 2002, Ext.P2, a proposal for delimitation of the Parliamentary and Assembly Constituencies in the State was published. In the proposal serial No.128 Attingal and serial No.129 Chirayinkeezhu were



























































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